Martoulis & Valas

In the matter of Martoulis & Valas, the applicant, Mr Martoulis, sought to bring an application for property alteration orders, arguing that he and the respondent, Ms Valas, reconciled their relationship after their divorce in 2007. The court had to decide whether the application should proceed, considering the parties had agreed to final property and parenting orders in 2006. The dispute hinged on whether the parties lived together as a couple after their divorce and whether the Husband could bring a property division application under section 79 of the Family Law Act 1975 (Cth). The court examined the evidence and the inherent unlikelihood of the Husband's claims, ultimately finding that the Husband's version of events was not credible.

The central issue for the court was whether the Husband and Wife reconciled their relationship and lived together as a couple, which would permit the Husband to bring a property division application. The court had to consider the evidence presented by both parties and assess its credibility, particularly in light of the inherent unlikelihood of the Husband's account. The court also needed to determine whether the parties could use Part VIIIAB of the Act for a property alteration claim based on their reconciliation, despite having already made final property orders.

The court concluded that the Husband's account of the reconciliation and cohabitation was inherently unlikely, given the timeline and the fact that a divorce application was pending. The court did not find the Husband's evidence credible and did not make a declaration that the parties lived in a de facto relationship. Consequently, the court found that the Husband's application for property alteration orders should be dismissed. The court did not need to explore the statutory interpretation issue of whether the parties could bring a property alteration claim under Part VIIIAB after reconciling, as it was not necessary to resolve the controversy between the parties.